Unified Patent Court

Simmons & Simmons – Your Trusted Partner in UPC Litigation

The Unified Patent Court (UPC) represents a groundbreaking shift in European patent litigation. As a specialized, supranational court, it handles disputes related to both Unitary Patents and traditional European patents. Our firm provides expert legal counsel to navigate this evolving landscape, ensuring your intellectual property rights remain secure. We are uniquely equipped to help you gather crucial information and make sense of cross-border challenges with our local offices located throughout Europe.

Understanding the Unified Patent Court (UPC)

Jurisdiction & Purpose

The UPC offers a centralized forum for resolving patent disputes, allowing patent holders to enforce their rights across multiple EU Member States simultaneously. This streamlined approach reduces litigation costs, prevents conflicting national rulings, and enhances legal certainty.

During the initial transitional period of seven years (extendable by another seven), patent proprietors have the option to opt out of the UPC’s jurisdiction for traditional European patents, maintaining the flexibility of national court litigation.

Why Choose the UPC?

• Cost-Effective Litigation: avoids parallel lawsuits in multiple national courts.
• Legal Certainty: harmonized case law on patent validity and infringement.
• Efficiency: accelerated judicial procedures compared to national systems.
• Centralized Revocation Actions: enables third parties to challenge a patent in a single forum.

The UPC operates under its own procedural rules, outlined in the Agreement on a Unified Patent Court (UPC Agreement) and its finalized Rules of Procedure (August 29, 2022). The court also applies relevant EU and international patent law where applicable.

Judges & Language of Proceedings

The UPC panels consist of legally and technically qualified judges. The Court of First Instance typically has three-judge panels, while the Court of Appeal has five-judge panels. Proceedings are conducted in English, French, or German at the central division, while local divisions may include local languages. Structure of the UPC:

• Court of First Instance: Headquartered in Paris, with sections in Munich and Milan (effective July 1, 2024), alongside local and regional divisions across participating Member States.
• Court of Appeal: Located in Luxembourg, handling appeals from the Court of First Instance.
• Registry: Managing administrative functions and court documentation.

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Recent UPC Cases

Stay ahead with our curated list of recent and landmark UPC decisions. Our team continuously monitors case law developments to provide strategic guidance tailored to your business needs.

Recent Landmark Cases at the UPC

Since its inception, the UPC has already delivered landmark decisions that demonstrate its effectiveness and influence on patent litigation strategy:

• Mammut Sports Group v. Ortovox Sportartikel GmbH: The UPC Court of Appeal upheld its first ex parte preliminary injunction, highlighting the court's ability to swiftly address urgent infringement situations7.
• Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG: The Düsseldorf Local Division issued the first-ever permanent injunction covering seven Member States, showcasing the UPC's efficiency in resolving complex infringement and validity matters within approximately one year5.

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